Text as at 15 April 2026
This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

101 Proceedings beyond jurisdiction

(1)If a civil proceeding is wholly or partly beyond the jurisdiction of the Court, the Court may—
(a)amend the complaint for the purpose of bringing the proceeding within jurisdiction; or
S. 101(2)(a) amended by No. 43/1991 s. 38(b).
(b)order that the proceeding be stayed pending the making of an application under Part 3 of the Courts (Case Transfer) Act 1991; or
S. 101(1)(b) amended by No. 43/1991 s. 38(a).
(c)order that the complaint be struck out and award costs as if the Court had jurisdiction and the complaint were dismissed.
(2)If—the Court may exercise the power conferred by subsection (1)(c).
(a)under subsection (1)(b) the Court orders that a proceeding be stayed pending the making of an application under Part 3 of the Courts (Case Transfer) Act 1991; and
(b)within a reasonable time after the making of that order the proceeding has not been transferred to another court